AB 572 requires that, by January 1, 2027, every law enforcement and prosecutorial agency must maintain a policy setting forth certain requirements for a peace officer or prosecuting attorney who initiates a formal interview to gather evidence related to a law enforcement incident resulting in a person’s death or serious bodily injury by a peace officer.
Before the initial formal interview, the peace officer or prosecuting attorney must clearly identify themselves to the killed or seriously injured person’s immediate family member, defined as a spouse, parent, grandparent, sibling, child, or grandchild, with their full name and the name of their employing agency. For in-person interviews, they must also display a form of official identification, such as a business card or official badge. The peace officer or prosecuting attorney must also inform the immediate family member of the status, if known, of the person who was killed or seriously injured.
AB 572 requires that police officers and prosecuting attorneys inform the immediate family member that they are conducting a formal interview for purposes of an investigation that may or may not involve an assessment of the conduct of the person who was killed or seriously injured, and that the family member may have a trusted support person with them. A support person need not possess any certification, training, or other special qualification, but may not be a percipient witness to or person of interest or suspect in the incident.
AB 572 prohibits police officers and prosecuting attorneys from using threats or deception to coerce or when conducting such an interview.
These requirements do not apply when a reasonable officer believes that delay would result in the loss or destruction of evidence or pose an imminent threat to public safety, or when the immediate family member has received advisements substantially equivalent to Miranda advisements.
(AB 572 adds Chapter 7.43, commencing with Section 7287, to Division 7 of Title 1 of the Government Code.)